Digital Commons Network^™

American Indians And The Bicentennial, Richard B. Collins

Publications

No abstract provided.

Porfiry's Proposition: Legitimacy And Terrorism, Thomas M. Franck, Scott C. Senecal

Vanderbilt Journal of Transnational Law

Suppose that, in 1938, the Prague government of President Edvard Benes, foreseeing the inevitable dismemberment of Czechoslovakia after the Munich Pact, had infiltrated a trained death squad of German Jewish exiles across the German border, in civilian clothing, to assassinate Adolf Hitler. Suppose they had succeeded and had then fled to Holland.

How should international law govern this hypothetical event? Should it require Holland either to try the assassins for murder or to return them to Germany for trial? Or should it exculpate, even commend, the assassins for a job well done? Or should the law remain silent? Would the …

Constitutional Decisions And The Supreme Law, Kent Greenawalt

University of Colorado Law Review

No abstract provided.

Peace And The World Court: A Comment On The Paramilitary Activities Case, Robert F. Turner

Vanderbilt Journal of Transnational Law

One of the most painful experiences of my government service occurred on January 18, 1985, when as Acting Assistant Secretary of State for Legislative and Intergovernmental Affairs I was called on to sign letters informing Congress of the President's decision "not to participate further in the case brought by Nicaragua before the International Court of Justice." I felt deeply that the United States approach was mistaken--not so much on legal as on political grounds'--and in advocating my views I pushed strongly against the proper limits of legitimate dissent within the bureaucracy.

Having defended the Court against speculative criticism from lawyers …

Economic Sanctions And International Terrorism, Kenneth W. Abbott

Vanderbilt Journal of Transnational Law

In this Article I hope to take at least a step toward clarifying these matters by presenting a framework for the analysis of antiterrorism sanctions and using that framework to discuss several of the sanctions that the United States currently employs.

Parts Two and Three of this Article set out the elements of the framework. Part Two begins by describing the varying forms or levels of state involvement in terrorism, shown graphically in Figure 1. All forms of state involvement are not alike, at least analytically, and Part Two will discuss the appropriateness of employing sanctions or other measures of …

Export Controls In The Biotechnology Industry , Michael E. Zacharia, Michael A. Kvarme, Christopher Chediak

Santa Clara High Technology Law Journal

No abstract provided.

Determining Customary International Law Relative To The Conduct Of Hostilities In Non-International Armed Conflicts, James E. Bond, William J. Fenrick, Hans-Peter Gasser, Waldemar A. Solf

Faculty Articles

In 1987, the 6th annual American Red Cross-Washington College of Law Conference on International Humanitarian Law convened to discuss the 1977 Protocols Additional to the 1949 Geneva Conventions. This article outlines the proceedings of the various workshops, serving as a richly detailed scholarly source for a significant historical event.

The Impact Of Medical Technology On The Pregnant Woman's Right To Privacy, George J. Annas

Faculty Scholarship

In the context of the bicentennial of the Constitution and science's relationship to society, it has been argued that "the advance of science and technology in the West has changed not only the relation of man to nature but of man to man."' This seemingly immodest statement may soon prove an understatement. In the arena of human reproduction, the marriage of science and technology in medicine may change not only the relationship of man to nature and man to man, but more significantly, the very concept of what it means to be human. This, in turn, will directly affect how …

The Teaching Function Of The First Amendment, Vincent A. Blasi

Faculty Scholarship

In this important book, Professor Bollinger seeks to understand and remedy the inadequacy he perceives in the way our legal culture deals with extremist speech. He argues that the high level of protection the first amendment has been construed to require serves a social function that has not been fully recognized or carefully evaluated. His thesis is that the contemporary social function of the idea of freedom of speech is to help the society develop a general capacity for tolerance, a capacity that determines how we respond to many forms of conduct as well as speech. Once this function is …

Contributions Of Victimization To Delinquency In Inner Cities, Jeffery Fagan, Elizabeth S. Piper, Yu-Teh Cheng

Faculty Scholarship

The relationship between victimization and criminality has been widely cited in recent years. Early thinking and public perceptions about crime intuitively presumed that criminals were distinct from their victims. Crime control policies resulted which promoted the physical separation of victims from predatory offenders through "target hardening" and "defensible space." Such distinctions, however, ignored the empirical evidence on the considerable overlap between offender and victim profiles and distorted the reality of events in which persons are labelled as victims or victimizers based only on the consequences of the event. Given the homogeneous relation between victim and offender, theories of crime that …

Constitutional Decisions And The Supreme Law, Kent Greenawalt

Faculty Scholarship

What status do Supreme Court decisions have for officials in the political branches of our government? Six months ago, Attorney General Edwin Meese III rekindled controversy over this enduring and troublesome question when he claimed in a widely reported lecture that Supreme Court decisions interpreting the Constitution are not the supreme law of the land, and are properly subject to forms of opposition by other governmental officials. The general reaction to the speech was that it was meant to reduce the perceived authority of Supreme Court opinions, and a close reading of the speech certainly leaves this impression. Yet, even …

Thinking (By Writing) About Legal Writing, Philip C. Kissam

Vanderbilt Law Review

The practice of law requires a good amount of original writing,and it is a commonplace today that much of this writing is done rather poorly. Charles Fried, the United States Solicitor General,has implied that much legal writing, especially in appellate briefs,is "turgid and boring."' John Nowak, a Professor of Law at the University of Illinois, has reiterated Fred Rodell's classic complaint that the writing in law reviews lacks both style and substance. More fundamentally, Steven Stark, in his Harvard Law Review comment, has argued that the style and substance of most legal writing are flawed by lawyers' ideological commitments to …

The Opinion Volume 27 Number 5 – October 29, 1986, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 29, 1986. Includes spoof issue overwrap.

Violence In Athletics: A Judicial Approach, Steven Baicher-Mckee

University of Miami Entertainment & Sports Law Review

No abstract provided.

Paula Brown Glick's Review Of Bruce M. Knauft's Good Company And Violence: Sorcery And Social Action In A Lowland New Guinea Society, Paula Brown Glick

Pacific Studies

No abstract provided.

Target Litigation, Michael Rosenzweig

Michigan Law Review

In Part I, I explore the motives of litigious target managers. I briefly examine the takeover defense literature and empirical evidence regarding the frequency of target litigation, both of which indicate that target managers usually sue bidders in order to defeat unwanted takeover attempts. I also suggest that judicial reactions to target lawsuits largely confirm this hypothesis.

I then discuss, in Part II, target management's conflict of interest in control contests and the particular strategic considerations that lead target managers to sue hostile bidders. I argue that target litigation is peculiarly likely to be frivolous and, based on a study …

Hijacking Trials Overseas: The Need For An Article Iii Court, Maryellen Fullerton

William & Mary Law Review

No abstract provided.

The Controversy Concerning The Sotheby Sale, J. David Bleich

Cardozo Law Review

No abstract provided.

Intentional Interference With Visitation Rights: Is This A Tort? Owens V. Owens, Eve Kahao Gonzalez

Louisiana Law Review

No abstract provided.

Justice William J. Brennan, Jr., Elizabeth F. Defeis

Seton Hall Law Review

No abstract provided.

Eligible Claimants Under Lump Sum Agreements, Richard B. Lillich

Indiana Law Journal

Symposium on International Procedures to Protect Private Rights

An Aristocracy Of Voters: The Disfranchisement Of Blacks In South Carolina, Laughlin Mcdonald

South Carolina Law Review

No abstract provided.

Engelmayer And Wagman: Lord's Justice. Reviewed By Marc P. Weingarten, Marc P. Weingarten

Antioch Law Journal

No abstract provided.

Tribe: God Bless This Honorable Court. Reviewed By Susan G. Kupfer, Susan G. Kupfer

Antioch Law Journal

No abstract provided.

Up From Feudalism: Harold Berman On The Canonical Origins Of Western Law (Review Of Berman: Law And Revolution: The Formation Of The Western Legal Tradition. Reviewed By Richard E. Rubenstein, Richard E. Rubenstein

Antioch Law Journal

No abstract provided.

The Origins Of The Religion Clause Of The Constitution, Philip B. Kurland

William & Mary Law Review

No abstract provided.

Military Reform: Improving Our Defenses, Jim Courter

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Vol. 34, No. 22, April 9, 1986, University Of Michigan Law School

Res Gestae

•Panel argues U.S. Aid policy in Central America •ELS forum stresses state cooperation in toxic regulation •'The Firm' Reveals True Talent in the Law Revue •Attention, smokers! Don't light-up here •Mitchell condemns PIRGIM class plea •How soon until lawyers conquer space •So long •New Senate Scraps the Committee Faculty Meeting •Indian law students sponsor Law Day Friday •Notices •Architecture & Law: A house of cards •Law in the Raw

U.S. Covert Operations Against Nicaragua And Their Legality Under Conventional And Customary International Law, James P. Rowles

University of Miami Inter-American Law Review

No abstract provided.

Fair Use And University Photocopying: Addison-Wesley Publishing V. New York University, Eric D. Brandfonbrener

University of Michigan Journal of Law Reform

Part I of this Note describes copyright law as it applies to university photocopy users, including an examination of the relevant legislative histories. Part II addresses the case law on university photocopying, both prior to and following the adoption of the Act. Part III briefly discusses the policies underlying university photocopying. The Note concludes with an analysis of the NYU settlement in relation to copyright law.